Author: Tom Childs* Published: October 2015 Description: I. INTRODUCTION The issuance of a “final” arbitral award may only mark the midway point in an international commercial dispute. The losing party...
Search Results for : Authority Arbitral Tribunal
...solution is therefore required: the development of an Arbitrator Shadowing Protocol (“ASP”), by which stakeholders in the arbitral process, and in particular arbitral institutions as key appointing bodies, can commit...
Outrunning the Shadows: The Arbitrator Shadowing Protocol Proposal
Author: William R. Spiegelberger* Published: July 2020 Jurisdictions: Russia Ukraine Korea China International Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement Arbitral Process Time Limits Formal Requirements Costs...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2018 ...
...hundreds (if not thousands) of commercial arbitration cases proceed every year, and perhaps only a handful of arbitral tribunals will be faced with the nonsignatory problem: that of determining whether...
Game, Set, and Match: Enforcement of Arbitral Awards Against Non-Signatory ...
...to remit a case to the arbitral tribunal for “re-arbitration” during proceedings to set aside an award. The author, in discussing in detail the grounds for setting aside (Section II)...
Setting Aside An Arbitral Award In The People’s Republic Of ...
...effective in Brazil, the winning party will have to file a request for the recognition2 of the foreign arbitral award before the Brazilian Superior Tribunal de Justiça in its Portuguese...
Recognition of Foreign Arbitral Awards in Brazil – Vol. 24 ...
...mode of dispute resolution is enjoying increasing global acceptance.[28] In its 2019 Report on Climate Change and ADR, the International Chamber of Commerce (“ICC”) recognized the increasing capabilities of arbitral...
What Role Does Dispute Resolution Have in Tackling Climate Change?
Author: William R. Spiegelberger* Published: May 2017 Jurisdiction: Russia Topics: Arbitral Awards Enforcement of Arbitral Awards Description: I. Statistical Overview In 2016 the enforcement rate of foreign arbitral awards in...
Russia Report: The Enforcement of Foreign Arbitral Awards in 2016 ...
Author: Pedro Sousa Uva* Published: December 2010 Topics: Independence and Impartiality Appeal to Arbitral Tribunal and Annulment Description: “[The review on the merits is, whatever euphemistic phraseology is used, in...
A Comparative Reflection On Challenge Of Arbitral Awards Through The Lens ...
Author: Duarte G. Henriques* Published: November 2017 Jurisdiction: United States Topics: Costs and Damages Description: I. INTRODUCTION In June 2015, an arbitral tribunal chaired by Professor Julian Lew ordered the...
Third-Party Funding – In Search of a Definition – Vol. ...
...a treaty involves an obligation to pay full reparation as part of the damages.[8] The tribunal in ADC v. Hungary applied the customary international law standard (the Chorzów full reparation...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...Therefore, arbitral tribunals were created by law, and jurisdictional and procedural rules linked them to the judicial system. Paradoxically, the Republic of Estonia chose the Soviet approach. Download Full PDF...